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Copyright of Revista de Indias is the property of Consejo Superior de Investigaciones Cientificas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and initiatives. Using administrative and other data, it finds that among a host of petition-based second chance opportunities, to shorten sentences, restore one’s vote, and clear one’s criminal convictions, only a small fraction (less than 10 percent) of those eligible for relief actually received it. Extrapolating based on a novel analysis of around sixty thousand criminal histories of persons primarily seeking gigeconomy work and of the expungement laws governing nonconvictions of all fifty states applying the nonconviction expungement laws of all fifty states to around sixty thousand criminal histories of persons primarily seeking gigeconomy work, this study estimates that at least twenty to thirty million [ABSTRACT FROM AUTHOR]

This white paper is the joint product of nineteen professors of criminal law and procedure who share a common conviction: that the path toward a more just, effective, and reasonable criminal system in the United States is to democratize American criminal justice. In the name of the movement to democratize criminal justice, we herein set forth thirty proposals for democratic criminal justice reform. [ABSTRACT FROM AUTHOR]

The International Committee of the Red Cross (ICRC) has worked on behalf of detained irregular migrants for many years as part of its activities for detainee populations in general, but has only recently started implementing specific programmes for detained migrants in countries of transit and destination. The ICRC visits detained migrants in both criminal and dedicated immigration detention facilities. During these visits, as with all detainees, the ICRC assesses whether detained migrants are treated humanely, held in conditions that preserve their dignity and afforded due process of law. The ICRC also evaluates whether they are able to maintain contact with the outside world, such as with their families and consular authorities, if they wish to do so. As part of its dialogue with the authorities, the ICRC also raises protection issues related to return to ensure that the authorities fulfil their obligations under relevant international law – in particular with respect to the principle of non-refoulement. [ABSTRACT FROM AUTHOR]

The Lost Mothers Project researches the repercussions of mandatory separation between newborns and women in the Criminal Justice System (CJS), aiming to address gaps in evidence and decision-making for pregnant women within the CJS. Co-production with Birth Companions and their Lived Experience Team (LET) is integral, involving substantial input from the LET in various aspects. This paper, written collaboratively, explores the success stories, challenges, and impact of co-production on The Lost Mothers Project, emphasising the profound role of the LET in reshaping the criminal justice landscape for mothers within the system. The LET, comprised of mothers with direct CJS experience, assumes a central role as co-creators and decision-makers, providing invaluable insights into systemic issues. The co-design process, exemplified by refining the project's title and logo, showcases collaborative efforts to reduce isolation and emphasise the transformative power of co-production. Challenges in co-production, such as power dynamics and language barriers, are acknowledged, with strategies for overcoming them discussed. The project's commitment to non-hierarchical co-production ensures equal partnership among all stakeholders. Remuneration for the LET is prioritised, avoiding tokenistic engagement. The co-production paradigm in The Lost Mothers Project contributes to a more compassionate, equitable, and effective criminal justice system. This article concludes that co-production is not just a slogan but a cornerstone for empowering sometimes disempowered populations and fostering positive change in the criminal justice landscape. The transformative impact of the LET in actively shaping the research, coupled with their role as decision-makers, highlights the significance of lived experience engagement in reshaping narratives and creating inclusive research practices within criminal justice studies. Plain English summary: The Lost Mothers Project looks into how separating newborns from mothers in the Criminal Justice System affects women and staff. The research is trying to fill in the missing information and improve how decisions are made. This research, in partnership with Birth Companions and their Lived Experience Team (LET), focuses on getting direct input from mothers who have been in the justice system. The LET, made up of mothers with their own experiences of the system, is crucial in shaping the research. They actively contribute to decisions, like refining the project's title and logo. This involvement aims to make sure the research is not just about them but includes their perspectives, reducing feelings of isolation. Challenges in this collaborative process, such as power dynamics and language barriers, are recognised and strategies to overcome them are discussed. The project commits to a fair and equal partnership among everyone involved, and the LET is compensated for their time. The co-production approach in The Lost Mothers Project is seen as a way to create more understanding, and equality when undertaking research. The article stresses that co-production is not just a trendy idea but a crucial part of making positive changes in how we understand and address issues in the criminal justice system. The LET's active role, both in shaping the research and making decisions, shows the real impact of always including the viewpoints of people who have personally been through the prison system. This collaboratively written article is interwoven with quotations from members of the LET, utilising pseudonyms in certain instances. The paper was initially discussed with the team at one of our regular meetings, where volunteers were invited to contribute; consent was always sought for quotes and contributions. Iterations of the paper have been exchanged back and forth, ensuring accuracy, and relevant papers used as references were collectively read, reviewed and agreed upon. [ABSTRACT FROM AUTHOR]

The third-party doctrine permits the government to collect consumer records without implicating the Fourth Amendment. The doctrine strains the reasoning of all possible conceptions of the Fourth Amendment and is destined for reform. So far, scholars and jurists have advanced proposals using a cramped analytical model that attempts to balance privacy and security. They fail to account for the filterability of data. Filtering can simultaneously expand law enforcement access to relevant information while reducing access to irrelevant information. Thus, existing proposals will distort criminal justice by denying police a resource that can cabin discretion, increase distributional fairness, and exculpate the wrongly accused. This Article offers the first comprehensive analysis of third-party data in police investigations by considering interests beyond privacy and security. First, it shows how existing proposals to require suspicion or a warrant will inadvertently conflict with other constitutional values, including equal protection, the First Amendment, and the due process rights of the innocent. Then, it offers surgical reforms that address the most problematic applications of the doctrine: suspect-driven data collection and bulk data collection. Well-designed reforms to the third-party doctrine will shut down the data collection practices that most seriously offend civil liberties without impeding valuable, liberty-enhancing innovations in policing. [ABSTRACT FROM AUTHOR]

Artificial Intelligence (AI) can be very beneficial in the criminal justice system for predicting the risk of recidivism. AI provides unrivalled high computing power, speed, and accuracy; all harnessed to strengthen the efficiency in predicting convicted individuals who may be on the verge of recommitting a crime. The application of AI models for predicting recidivism has brought positive effects by minimizing the possible re-occurrence of crime. However, the question remains of whether criminal justice system stakeholders can trust AI systems regarding fairness, transparency, privacy and data protection, consistency, societal well-being, and accountability when predicting convicted individuals' possible risk of recidivism. These are all requirements for a trustworthy AI. This paper conducted a systematic literature review examining trust and the different requirements for trustworthy AI applied to predicting the risks of recidivism. Based on this review, we identified current challenges and future directions regarding applying AI models to predict the risk of recidivism. In addition, this paper provides a comprehensive framework of trustworthy AI for predicting the risk of recidivism. [ABSTRACT FROM AUTHOR]

This document is an editorial published in the journal Frontiers in Psychology. The editorial discusses the importance of economic evaluation in evidence-based criminal justice contexts. It highlights four research papers that demonstrate innovative economic practices in estimating treatment effects, directing resources to high-risk individuals, and prioritizing offenses. The papers emphasize the need for robust economic analysis to inform decision-making and resource allocation in criminal justice agencies. The editorial concludes by emphasizing the potential benefits of economic evaluation in improving the effectiveness and efficiency of interventions in the criminal justice system. [Extracted from the article]

The electronic monitoring of offenders is an increasingly popular technique in the criminal justice system. Worldwide, these systems are effectively utilized to monitor individuals on probation as they serve their sentence within the community. The use and significance of electronic monitoring systems are increasing day by day in Türkiye. This paper presents a complete ensemble empirical mode decomposition with adaptive noise and kernel-based meta-extreme learning machine hybrid forecasting model using data on active offenders convicted of different crimes between 2013 and 2021 in Türkiye. Thanks to the proposed model, it is aimed to plan the equipment that will be needed and to provide optimal system management by observing the development of electronic monitoring systems in Türkiye. To validate the proposed model, it is compared with some state-of-the-art models. The superiority of the proposed model is shown using some performance metrics. Moreover, the current status of electronic monitoring systems in Türkiye from the past to the present is shown statistically. While most studies on electronic monitoring focus on its financial or legal dimension, this paper uses a data-driven forecasting approach for optimal planning. [ABSTRACT FROM AUTHOR]

This research paper explores the critical issue of resocialization and rehabilitation of convicted individuals within the criminal justice system of the Republic of Kosovo. Crime is a phenomenon that threatens society according to external and internal negative factors. It affected the functioning of security, the social environment, and the economy in modern society for years. State institutions and civil and academic society must be engaged to have activities adequate for the resocialization, and re-education of persons convicted of criminal offenses. At the same time, preventive measures should be taken to avoid criminal behavior for which behavior then only unconditional measures should be taken, which is Prison. The paper proposes evidence-based recommendations for policymakers, correctional institutions, and community stakeholders. These recommendations aim to enhance existing strategies and foster a more inclusive and effective resocialization process for convicted persons in Kosovo. [ABSTRACT FROM AUTHOR]

Although Crown Office is central to the Scottish criminal justice system there has been little modern study of the history of the department and no attempt to locate it within the Scottish constitutional arrangements. Consideration is given here to the evolution of the administrative headquarters of the public prosecution system from the mid-Victorian era when great cohesion was brought to the system through to the statutory intervention of 1927 that consolidated the independent position of the local public prosecutor albeit subject to Crown Office direction. [ABSTRACT FROM AUTHOR]

This paper examines the innovative approach of problem-solving courts within the framework of comparative law, emphasizing the integration of therapeutic jurisprudence and individual criminal responsibility. By analysing various models from different jurisdictions, the study highlights how these courts effectively address underlying issues in criminal behaviour, such as substance abuse and mental health problems, through tailored interventions. The research draws on a comparative analysis to explore the effectiveness of these courts in reducing recidivism, enhancing offender rehabilitation, and promoting social reintegration. The paper also discusses the challenges and potential of this approach in balancing the goals of therapy and legal accountability. Through a comprehensive review of judicial and policy frameworks, this study provides valuable insights into the evolving role of the judiciary in addressing complex social issues and the potential of problem-solving courts as a transformative tool in the criminal justice system. [ABSTRACT FROM AUTHOR]

Legal psychology is field of research which seeks to bring evidence-based practice to the vital work of the criminal justice system. This research is increasingly being conducted and its findings applied around the world. However, worldwide legal systems and their processes can vary greatly. In the current paper, we summarise discussions between legal psychology academics and criminal justice practitioners from Japan. Together, we examine how practices in the Japanese criminal justice system interact with the international evidence base for psychologically-informed 'best practice' approaches. Our discussion targets areas of popular study in legal psychology, focusing on concealed crime knowledge detection, line up identification procedures, and investigative interviewing of witnesses, suspects, and victims. Each section features a description of current Japanese practice, followed by a review of the current state of the relevant academic legal psychological literature. We then connect this practice and research synergy to a reflection with suggestions for future research. Taken together, our paper acts as a conduit to incentivise more research and practice collaboration for Japanese and non-Japanese audiences and presents opportunities for collective international legal psychology. [ABSTRACT FROM AUTHOR]

Copyright of Italian Journal of Health Education, Sport & Inclusive Didactics is the property of Edizioni Universitarie Romane and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Advancements in neuroscience call our intuitive notion of free will into question--and by implication, invite a reassessment of the United States criminal legal system and its reliance on radical personal agency. In the backdrop of the evolving landscape of neuroscience and neurolaw is an inquiry: how do we appropriately and ethically incorporate advancements of these fields into law and policy? This paper pulls that question to the forefront, advocating for a humanitarian-forward framework to guide the process. The framework emphasizes the Daubert standard, addresses the "G2i" problem, and includes a balancing test to ensure the protection of neurorights. The paper also provides an overview of the influence of belief in free will, personal agency, and neurolaw on the U.S. criminal legal system. [ABSTRACT FROM AUTHOR]

This paper delves into examining the practical problems facing the police during the implementation of the arrest procedure within the realm of criminal justice administration. Employing a comparative analytical approach, the study juxtaposes the legal framework of the United States of America and the State of Kuwait, where the study traced the legal texts, judicial rulings, and regulations regarding the behavior of police officers in both systems. It has been shown through this study that some of these problems are due to legislative texts, others are related to practical practices, others are due to social problems, and some are related to the scientific (academic) aspect. Through a comprehensive exploration of these critical aspects, the paper contributes valuable insights to the ongoing discourse on the challenges within the arrest process and underscores the need to address unresolved issues to enhance the efficacy of criminal justice administration. [ABSTRACT FROM AUTHOR]

The emergence of globalisation has promoted human rights education, the media and scholarly works have drawn attention to the issue of the rule of law and mob justice activities constantly recurring in developing countries. The paper examines the effects of mob justice on the rule of law and democratisation in Africa using Ghana as a case study. The paper is of the view that mob justice has both negative and positive effects on the rule of law and democratisation in Ghana. This is because the legal and criminal justice systems in some societies are seen by citizens as illegitimate as they fail to punish suspected criminals appropriately; thus, negatively destroying democracy and the image of the State. Positively, mob justice serves as a wake-up call for the State to take its responsibility to protect the rights of its citizens seriously. The paper draws on international human rights law in the light of international legal instruments, such as the UDHR, ICCPR, and African Charter, as well as the 1992 Constitution of Ghana and employs mainly the Tylerian procedural justice perspective, as well as Liberal democratic theory. It uses theoretical, critically analytical and qualitative empirical evidence (based on semi-structured interviews from purposive sampling of 15 expert opinions and relevant organisations with a keen interest in the subject matter) for the analysis. [ABSTRACT FROM AUTHOR]

Background: Traumatic brain injury (TBI) is disproportionately prevalent among individuals who intersect or are involved with the criminal justice system (CJS). In the absence of appropriate care, TBI-related impairments, intersecting social determinants of health, and the lack of TBI awareness in CJS settings can lead to lengthened sentences, serious disciplinary charges, and recidivism. However, evidence suggests that most clinical practice guidelines (CPGs) overlook equity and consequently, the needs of disadvantaged groups. As such, this review addressed the research question "To what extent are (1) intersections with the CJS considered in CPGs for TBI, (2) TBI considered in CPGs for CJS, and (3) equity considered in CPGs for CJS?". Methods and findings: CPGs were identified from electronic databases (MEDLINE, Embase, CINAHL, PsycINFO), targeted websites, Google Search, and reference lists of identified CPGs on November 2021 and March 2023 (CPGs for TBI) and May 2022 and March 2023 (CPGs for CJS). Only CPGs for TBI or CPGs for CJS were included. We calculated the proportion of CPGs that included TBI- or CJS-specific content, conducted a qualitative content analysis to understand how evidence regarding TBI and the CJS was integrated in the CPGs, and utilised equity assessment tools to understand if and how equity was considered. Fifty-seven CPGs for TBI and 6 CPGs for CJS were included in this review. Fourteen CPGs for TBI included information relevant to the CJS, but only 1 made a concrete recommendation to consider legal implications during vocational evaluation in the forensic context. Two CPGs for CJS acknowledged the prevalence of TBI among individuals in prison and one specifically recommended considering TBI during health assessments. Both CPGs for TBI and CPGs for CJS provided evidence specific to a single facet of the CJS, predominantly in policing and corrections. The use of equity best practices and the involvement of disadvantaged groups in the development process were lacking among CPGs for CJS. We acknowledge limitations of the review, including that our searches were conducted in English language and thus, we may have missed other non-English language CPGs in this review. We further recognise that we are unable to comment on evidence that is not integrated in the CPGs, as we did not systematically search for research on individuals with TBI who intersect with the CJS, outside of CPGs. Conclusions: Findings from this review provide the foundation to consider CJS involvement in CPGs for TBI and to advance equity in CPGs for CJS. Conducting research, including investigating the process of screening for TBI with individuals who intersect with all facets of the CJS, and utilizing equity assessment tools in guideline development are critical steps to enhance equity in healthcare for this disadvantaged group. Zoe Colclough and co-authors examine how equity is considered in the development of clinical practice guidelines for traumatic brain injury for individuals within the criminal justice system. Author summary: Why was this study done?: Traumatic brain injury (TBI) is more common among individuals involved with the criminal justice system (CJS) than the general population, often resulting in longer prison sentences, serious disciplinary charges, and repeated future conflicts with the CJS. Although individuals with TBI who are involved with the CJS must receive care that meets their needs, studies show that most clinical practice guidelines (CPGs)—designed to guide care—tend to overlook equity and disadvantaged groups, instead focussing on the effectiveness or cost-effectiveness of care. As a first step to improving equitable care, this study assessed existing CPGs for TBI and CPGs for CJS to see if and how (1) evidence regarding individuals who intersect with the CJS is included in CPGs for TBI and evidence regarding TBI is integrated in CPGs for CJS; and (2) equity is considered in CPGs for CJS. What did the researchers do and find?: We used available electronic databases (MEDLINE, Embase, CINAHL, PsycINFO), targeted websites, Google search, and reference lists for CPGs for TBI and CPGs for CJS. We documented their characteristics, reviewed their content, and assessed whether equity was considered using checklists focused on equity and disadvantaged groups. We found that 14 out of 57 CPGs for TBI referenced individuals who are involved with the CJS and 2 out of 6 CPGs for CJS referenced TBI. Practices to ensure that equity is considered, such as the involvement of disadvantaged groups when developing CPGs were lacking in CPGs for CJS. What do these findings mean?: Findings from this review suggest that consideration of equity is lacking in the development of CPGs for TBI for those within the CJS and provide the foundation to consider CJS involvement in CPGs for TBI and to advance equity in CPGs for CJS. There is a critical need for further research into screening processes for TBI with individuals who intersect with all facets of the CJS, and into the benefits of equity assessment tools in guideline development to enhance equity in healthcare for this disadvantaged group Unfortunately, we cannot comment on how much of the existing evidence regarding TBI or individuals who are involved with the CJS remains unintegrated in existing CPGs, as our search did not include research papers on TBI and the CJS, outside of CPGs. [ABSTRACT FROM AUTHOR]

Although the relationship is complex, there is an association between alcohol use and offending behavior with an interplay between the amount drank, the pattern of drinking and individual and contextual factors. Alcohol brief interventions have been shown to be effective in primary healthcare, however there is currently a lack of compelling evidence in the criminal justice system. We carried out a rapid systematic review of the literature, which updated our review conducted in 2016. Following systematic searches, we included 36 papers on prevalence and 13 papers on effectiveness. Between 26 and 88%of individuals in the policy custody setting scored positive for an alcohol use disorder. In the magistrates court this was 95%; 31-86% in the probation setting and between 19 and 86%in the prison system. In relation to probable dependence, between 21 and 38% of individuals were shown to have probable alcohol dependence in the police custody suite setting; 39 per cent in the magistrate court system; 17-36%in the probation setting and between 18 and 48% in the prison system. This compares to 6% in the general population. We included 13 studies of effectiveness with differing outcome measures and outcomes. We conclude more studies are needed in the field to develop the current evidence base. [ABSTRACT FROM AUTHOR]

This paper reviews the legislative history and application of the Criminal Code's definition of terrorist activity to trace how the "motive clause" reinforces systemic racism within Canada's criminal justice system. By outlining this process, this paper argues that the motive clause contributes to a dynamic that racializes terror offences as a specific type of criminal offence committed by racialized individuals--marking terrorism as a unique social characteristic of racialized communities. This occurs mainly due to the legislative requirement to prosecute the ideas of accused persons, which, in practice, has increased the likelihood of courts admitting otherwise prejudicial evidence against the accused and the problematic ways in which expert evidence has (or has not) been used in terrorism trials. Although discrimination may not be an inevitable or intended outcome of the drafted legislation, it creates a framework that encourages discriminatory prosecutorial strategies, facilitates bias in the admission and treatment of some evidence, and potentially contributes to the exclusive use of the provisions against racialized communities specifically. [ABSTRACT FROM AUTHOR]

Dr Proeve's paper draws upon empirical research and conceptual reasoning to provide the basis for a pragmatic consideration of remorse by both mental health experts and by the courts. The needs of the law pose certain questions that mental health experts may seek to answer; conversely, mental health professionals provide answers that may shape and at times constrain jurisprudence. Since its inception in 1978, ANZAPPL has sought to foster dialogue between legal professionals and mental health professionals. [Extracted from the article]

An editorial is presented regarding Psychological perspectives for addressing mental health within the criminal justice system. It mentions topic of treatment evaluation, second paper examines Jail to Community Medication-Assisted Treatment (JTCMAT) programs for substance abuse commonly used in the United States.

The concept of self-disclosure has been a controversial issue that remains highly debated by current practising social workers and researchers alike. Yet an increasing number of lived experience practitioners or peer support workers are being employed in many human services areas, including mental health, suicide prevention, bereavement services, drug and alcohol recovery, criminal justice, and emergency services, alongside or in complement to, social worker roles. Peer or lived experience roles seek to enhance the recovery journey for clients by sharing lived experience commonality, whereas social workers seek to enhance the recovery journey through psychosocial engagements. Both may have relevant lived experience to their role. The aim of this paper is to explore how sharing lived experiences, also referred to as self-disclosure, between social workers and client/service user can enhance the relationship, with attention paid to safety and recovery. A narrative review of the literature identified that there is a lack of empirical research undertaken exploring how disclosures impact the service users and what decision-making strategies can assist social workers in deciding how and when to share. The current AASW Code of Ethics offers no clear practice standards or ethical guidelines for effective self-disclosure. The analysis of the literature results in a reflective supervision tool for social workers in pre-service training and early career social workers, with the aim of assisting decisions that may prompt lived experience sharing. Recommendations for further research and development are included. [ABSTRACT FROM AUTHOR]

Restorative justice holds promise as an alternative to punitive approaches in the juvenile justice system, offering effective means of addressing criminal actions while promoting accountability and reconciliation. This paper explores the implementation of restorative justice in Indonesia’s legal landscape, examining its potential benefits, challenges, and regulatory frameworks. Through a normative juridical approach and qualitative analysis of legal documents and literature, the study underscores the importance of enhancing understanding and skills among law enforcement agencies, particularly the Attorney General's Office, in effectively applying restorative justice principles. By upholding values of justice, decency, and morality, the Attorney General's Office can play a pivotal role in fostering a more humane and efficient criminal justice system that serves the interests of society as a whole. [ABSTRACT FROM AUTHOR]

Section 24(2) of the Canadian Charter of Rights and Freedoms provides a remedy for individuals who suffer harm to their constitutionally protected rights during evidence collection.1 The framework for a section 24(2) analysis has three distinct steps, the last being a determination of whether the admission of the evidence in question would bring the administration of justice into disrepute. Since 2009, the three-step test laid out by the Supreme Court of Canada in R v Grant has been used to arrive at a conclusion on the third factor.2 However, with the advent of new "types" of evidence the sufficiency of the current application of the Grant test must be revisited. In particular, it appears the Grant test is inept at handling evidence obtained from personal devices. In this paper, I explore how judges have taken the unique nature of personal device content for granted, leading to the frequent inclusion of evidence which would have been excluded had it existed in the form of a paper document. This has led to a section 24(2) regime that does not fulfill its purpose of protecting the good repute of the justice system, and instead communicates the justice system's condonation of the violation of individual's rights against unreasonable search and seizure, so long as the ends justify the means. [ABSTRACT FROM AUTHOR]

In Australia, one significant cause of the imprisonment and disadvantage of First Nations people relates to transport injustice. First Nations people face obstacles in becoming lawful road users, particularly in relation to acquiring driver licences, with driving unlicensed a common pathway into the criminal justice system. This paper identifies that while some programs focus on increasing driver licensing for First Nations people, there are significant limitations in terms of coverage and access. Further, very few diversionary or support programs proactively address the intersection between First Nations people’s driver licensing and the criminal justice system. Nevertheless, it is argued that scope does exist within some state and territory criminal justice programs to enhance transport justice by assisting First Nations people to secure driver licensing. This paper highlights the need for accessible, available and culturally safe driver licencing support programs in First Nations communities led by First Nations people. [ABSTRACT FROM AUTHOR]

In recent years, the technology of cryptocurrency has become increasingly mainstream and has been documented as playing a role in the commission of contemporary criminal activity. The law must be responsive to these new techniques for committing crimes and adapt accordingly. Currently, there is a dearth of both jurisprudence and literature as it relates to section 8 of the Canadian Charter of Rights and Freedoms and the search and seizure of cryptocurrency by law enforcement. For the protections of section 8 to apply, there must be a reasonable expectation of privacy in the matter searched or seized by authorities. This paper analyzes the reasonable expectation of privacy as it relates to cryptocurrency in three different ways: first, in cryptocurrency transaction data on the blockchain, which is a public ledger that records cryptocurrency transactions; second, in various types of cryptocurrency storage mediums; and third, in user information on cryptocurrency exchanges. Previous section 8 Charter jurisprudence, U.S. case law, secondary sources, and blockchain data were all utilized to guide these analyses. Applying the reasonable expectation of privacy test to these inquiries yielded three distinct findings. It was determined that there is no reasonable expectation of privacy in cryptocurrency transaction data on the blockchain, that there is a reasonable expectation of privacy in various types of cryptocurrency storage mediums, and that there is a reasonable but diminished expectation of privacy in user information on cryptocurrency exchanges. [ABSTRACT FROM AUTHOR]

Background: Given the developmental vulnerability of justice-involved youth, providing a safe environment in secure facilities is a paramount, yet challenging task. Within this complexity, a sound security framework is key. The security framework exists on three dimensions: physical, procedural and relational security. Existing knowledge points at the importance of a shift in focus on physical and procedural security towards relational security as the core of the security framework. At the same time there is a dearth of knowledge on relational security, particularly in the context of youth justice. This paper explores relational security and its working mechanisms in practice. Methods: This paper draws on findings of a comprehensive three-year evaluation of three small-scale, community-embedded facilities that are grounded in relational security. The approach of the evaluation was derived from action research, involving a cyclic process alternating between action, research and critical reflection, while engaging all stakeholders in the research process. The action research cycle involved qualitative research (a total of 63 semi-structured interviews) incorporating the perspective of staff, youth and parents. Results: Relational security is grounded in three distinct, but interrelated, elements – staff's basic attitude, a constructive alliance between staff and youth, staff presence – and promotes a safe and therapeutic environment through several mechanisms. Conclusions: Relational security can be defined in a practical conceptualization; outlining a way of working that guides staff in how to establish a safe and therapeutic environment in secure facilities. This conceptualization finds support in the well-established literature covering the therapeutic alliance and can be substantiated by two aligning theories concerning youth justice strategies: social-ecological theory and self-determination theory. Relational security is not only a way of working, but also a way of being. It encompasses a vision about security and mentality towards justice-involved youth that sees them not merely as 'risks to be managed', but primarly as 'resources to be developed'. [ABSTRACT FROM AUTHOR]

Background: Criminal procedure law consists of legal principles, such as a fair and impartial trial and within a reasonable time, presumption of innocence, the principle "in dubio pro reo," independence of the court, equality of parties, the principle "ne bis in idem"3 etc. Among the main principles recognised by International Conventions, the Constitutions of States, and Criminal Procedure Laws is the principle, "The right not to be tried twice for the same offence," or as it is also known, "ne bis in idem." The principle "in bis in idem" is used in Kosovo's criminal proceedings, and recognition of this principle by international convention, including its recognition by the Law of the European Union, is analysed in this paper. The legislation of Kosovo was established with the influence and assistance of the international community, which had an administration mandate until 17 February 2008, the date on which Kosovo declared its independence and, hence, separated from the former Yugoslavia. The new state is not a member of the UN but is officially recognised by more than 100 countries. In 2010, the International Court of Justice issued the Advisory Opinion which concluded, "The declaration of independence in respect of Kosovo on 17 February 2008 had not violated general international law." The purpose of this paper is to emphasise the importance of this principle when dealing with criminal cases before regular courts, the legal security that this principle provides to society, and the implementation of international legal instruments in the national law. Methods: The paper uses methods of analysis and synthesis, the descriptive method, as well as the method of doctrinal interpretation of legal norms of criminal proceedings. Results and conclusions: This principle has been accepted by international instruments and by Kosovo's constitutional and legal system. The application of this principle in the criminal justice system in Kosovo forms legal certainty for citizens and constitutes protection of the rights and legitimate interests of persons involved in criminal proceedings. Kosovo has applied international standards in the implementation of criminal legislation and has directly incorporated international human rights instruments into its constitutional system (International Covenant on Civil and Political Rights adopted by the UN in 1966, ensued by the European Convention for the Protection of Human Rights and Fundamental Freedoms). [ABSTRACT FROM AUTHOR]

Copyright of Archives of Criminology / Archiwum Kryminologii is the property of Polish Academy of Sciences, Institute of Legal Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 2016, the Supreme Court of Canada ("SCC") released its landmark decision in the case of R v Jordan. With the objective of addressing widespread delay within the Canadian justice system, the implications of the ruling were such that the Court set out definitive limits on the length of time in which accused persons must be brought to trial before a stay of proceedings is presumed to be entered. Since the decision, many scholars have emphasized the importance of resolving delay within the justice system to ensure that widespread stays of proceedings are not being entered, whereby the justice system may consequently fall into a state of disrepute. However, an equally important consideration that has not yet been explored concerns the risks that a failure to adequately remedy delay may result in police and Crown rushing to resolve cases within these strict time constraints. To explore this gap within the literature, this paper utilizes wrongful conviction concepts and available data to demonstrate that the current state of delay within the justice system has the potential to contribute to a "rush to justice" mentality among police and Crown. The development of such a mentality is problematic as it has the potential to lead to a wrongful conviction. Considering this elevated risk for wrongful convictions, this paper thus provides a new perspective in underscoring the importance of resolving delays within the justice system in the advent of Jordan. [ABSTRACT FROM AUTHOR]

Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board. On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will inevitably and invariably lead to the prisoner's death while incarcerated. Few previous studies, however, have examined the finality of LWOP empirically. In this Article, I present original empirical data on clemency covering the period 1990-2021 in order to investigate the relationship between LWOP sentences and the release mechanisms of executive clemency and compassionate release in both state and federal cases. Ultimately, the results of this research reaffirm the finality of LWOP in the United States, despite the availability, on paper, of at least three potential release procedures. Only a handful of LWOP prisoners have received commutation or pardon from U.S. presidents, state governors, or pardons boards. Compassionate release has been granted almost as rarely. That said, some demographics tend to have benefited more than others. The findings presented within this Article are relevant not only to domestic clemency and end-of-life release policy but also to litigation dealing with a "right to hope" as a component of human dignity, and to the academic debate over LWOP as a global replacement for the death penalty and a form of "extreme" punishment of its own accord. [ABSTRACT FROM AUTHOR]

In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. [ABSTRACT FROM AUTHOR]

Copyright of Temida is the property of Victimology Society of Serbia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As the ultimate spaces of invisibility and marginalization beyond the pale of respectable humanity, prisons engender the “mortification” of inmates, whether understood as a ‘civil death’, the stripping away of citizenship rights and of the legal protections deriving from them, or as a ‘social death’ triggered by the absence of any meaningful intercourse with society and crippling isolation at the margins of humanity. This is even more acutely the case for those subjected to protracted solitary confinement, which has been deemed by the United Nations a specific form of torture yet still marks the deep end of the American criminal justice system. Against this background, my paper explores the manner in which two recent collections of stories, Six by Ten: Stories from Solitary (2018) and Hell is a Very Small Place: Voices from Solitary Confinement (2016), offer glimpses into one of the most secretive and inaccessible spaces in contemporary society, the US prison. It is my contention that, aiming to render visible the covert practices and abuses fostered by the American criminal justice system, the (hi/her)stories in the two volumes under scrutiny offer humanizing perspectives of this deeply contentious and divisive contemporary issue of segregated incarceration. [ABSTRACT FROM AUTHOR]

This paper focuses on the individual holders of public office or duty and the numerous past and present criminal cases related to corruption and abuse of power. By analyzing the penal policies of the courts in several regions (North Macedonia, Romania, Croatia, Montenegro, and Albania), as well as the imposed sanctions and court verdicts, this paper presented the fundamental characteristics of the criminal justice system's functioning in preventing such forms of crime. Through a comparative analysis of experiences, empirical research (case study), and an overview of the situation in multiple Balkan countries, the paper, as a key result, offered a comprehensive examination of the specific offenses outlined in the legislations of the countries under investigation and presented legal solutions derived from various Balkan nations. Finally, the paper concludes that corruption is a general problem in all the investigated countries and proposes possible solutions. [ABSTRACT FROM AUTHOR]

When a sexual assault survivor testi!es in court, it is highly likely that their demeanour will be impacted by the trauma they su"ered. Despite an array of research on how trauma can a"ect demeanour, legal professionals and juries often have misconceptions about how a sexual assault survivor “should” behave on the stand. As the standard of proof in criminal law is incredibly high, and often only the survivor and the accused have !rsthand knowledge of what happened, the outcome of the case can hinge on the survivor’s credibility. If a misconception about demeanour impacts the assessment of their credibility, the accused may be wrongfully acquitted. #is paper explores the research on trauma and demeanour and explains why it is critical that the legal profession appreciates its importance. #e paper looks at many available yet underused options within the Canadian criminal justice system to mitigate the e"ects of trauma on demeanour and support survivors, and argues that their increased use would bene!t survivors while maintaining the presumption of innocence that lies at the heart of a criminal trial. [ABSTRACT FROM AUTHOR]

One of the main challenges for computational legal research is drawing up innovative heuristics to derive actionable knowledge from legal documents. While a large part of the research has been so far devoted to the extraction of purely legal information, less attention has been paid to seeking out in the texts the clues of more complex entities: legally relevant facts whose detection requires to link and interpret, as a unified whole, legal information and results of empirical analyses. This paper presents an ongoing research that points in this direction, trying to devise new ways to support public prosecutors in assessing the dangerousness of individuals and groups under investigation, an activity that precisely relies on the cross-sectional evaluation of legal and empirical data. A knowledge mining strategy will be outlined that lines up, into a single metaheuristic model, information extraction, network-based inference, machine learning and visual analytics. We will focus, in particular, on the integration of graph-based inference and machine learning methods used both to support classification tasks and to explore new forms of man-machine cooperation. Experiments made involving public prosecutors from the Italian Anti-Mafia Investigation Directorate and using data from real investigations have not only shown the potentialities of our approach but also offered an opportunity to reflect on the role we could assign to AI when thinking about the future of legal science and practice. [ABSTRACT FROM AUTHOR]

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The Croatian legal system is traditionally under the dominant influence of the Germanic legal tradition. This is a logical consequence of historical circumstances, which state that present-day Croatia was long part of the Austro-Hungarian Empire. In the field of criminal law, which is the focus of this paper, there is a significant influence of Austrian, German, and Swiss criminal law. However, since 2008, new trends have emerged, first evident in procedural law (through the introduction of the previously typical Anglo-American institution of plea bargaining in criminal proceedings), and then from 2013 also in substantive criminal law. In the Criminal Code of 2013, sexual offenses were modeled after the English Sexual Offences Act of 2003, which has sparked considerable controversy in theory and practice. In this text, the author critically examines this legislative shift in tradition from the perspective of comparing the historical circumstances of the English and Croatian criminal law backgrounds. The author discusses the differences in criminal justice systems of these countries, compares the circumstances of the origin and shaping of sexual offenses in the mentioned legislations, and presents the results of their own research conducted in Croatia, reflecting whether the new legal solution was successful and whether it achieved its purpose. Based on this, the author provides an answer to the hypothetical question of whether a solution implemented from one legal tradition can successfully exist in the conditions of another significantly different legal tradition. [ABSTRACT FROM AUTHOR]

This research paper conducts a comprehensive comparative analysis of the legal frameworks governing the taking of juveniles into custody in Kuwait and the United States. The treatment of juveniles in the criminal justice system is a critical area of concern, as it reflects a society’s commitment to safeguarding the rights and well-being of its youth. The study evaluates the need to adopt special procedures for juvenile arrests when compared to adult arrests in Kuwait. The study undertook a comparative analytical investigation of Kuwaiti and American law which are based on different legal systems. The study found that the Kuwaiti legislator should take juveniles’ nature, qualities, and characteristics into account, and based on that approach, adopt special procedures regarding juvenile arrests. [ABSTRACT FROM AUTHOR]

Comprehensive and multi-disciplinary public health approaches are necessary to prevent sexual re-offending. However, criminal justice solutions continue to dominate and the arrangement in England and Wales is no exception. The introduction of the Multi-Agency Public Protection Arrangements (MAPPA) in 2003 brought together the work of the police, prison and probation services in order to manage violent and sexual offenders. This paper focuses specifically on the work of the specialist police officers who are tasked under MAPPA with the Management of Sexual or Violent Offenders (MOSOVO) and whether or not they can assist desistance in those who have been convicted of a sexual offence. We argue that the risk-based, highly politicized model of public protection that MOSOVO staff operate within creates tensions more likely to hinder than facilitate desistance. As indicated by findings in an independent review of the police's management of registered sex offenders (2023), successful desistance journeys are found in people who are supported by formal agents who actively promote hope and optimism and convey a belief that the person attempting desistance can change. In conclusion, we recommend that MOSOVO staff be willing and resourced to help individuals with sexual convictions develop a non-offending lifestyle and identity and support them in achieving this goal, which requires the provision of comprehensive support beyond risk management. [ABSTRACT FROM AUTHOR]

In many countries today, specific frameworks have been established to recognize physical injuries and provide compensation for bodily harm. These frameworks, in line with criminal policy objectives, aim to deter future harm and ensure compensation. This paper employs an analytical and descriptive approach to examine this issue within the criminal justice systems of Iran and England, exploring the conceptual differences in the recognition of bodily injury and the provision of compensation in both legal systems. The present research reveals that in the Iranian legal system, the compensation for bodily injuries is based on the concepts of "diyyah", "arsh", and "government", while the English legal system evaluates and calculates compensation based on tariff systems, consideration of the function of body parts, the lost enjoyment of life, and the valuation of human life and the quality of life years. Both legal systems strive to realistically calculate and compensate for bodily injuries. [ABSTRACT FROM AUTHOR]

Unfair use of the prosecutorʼs discretionary powers leads to violations of the rights, freedoms, and legitimate interests of a person. Examining the main ways of abusing the right to prosecution will help prevent negative manifestations in criminal proceedings that hinder the performance of its tasks. The purpose of the study is to identify specific examples of unfair behaviour by prosecutors in Ukraine and the United States during criminal proceedings. The paper uses a set of methods of scientific knowledge: abstraction, analysis, synthesis, comparative legal, formal legal, modelling methods. Some aspects of the implementation of criminal prosecution as the main procedural function of the prosecutor are examined. The main structural elements of the prosecutorʼs activity in the implementation of criminal prosecution and methods of abuse of discretionary powers in the implementation of this function are analysed. Examples of abuse of the right to prosecution are given both in Ukraine and in the United States. Separate criminal cases were considered, in which higher courts concluded that the prosecutor was abusing their right to prosecution (criminal prosecution). The legislation and legal positions of the highest court of the United States were used to compare and consider best practices. It is noted that although the American and Ukrainian models of criminal justice differ in many (primarily, formal) ways, they are based on numerous joint democratic and humanistic principles that serve to achieve justice in the field of countering crime. The need to take legitimate response measures when the prosecutor exercises their discretionary powers is justified. It is concluded that abuse of the right to prosecution exists by public prosecutors in criminal proceedings both in Ukraine and in the United States. It is demonstrated that the methods of such abuses are virtually the same and lead to violations of the rights, freedoms, and legitimate interests of participants in criminal proceedings, harm justice, and lead to a loss of public confidence since the discretionary powers granted to the prosecutor are often directed to convict and punish a person instead of searching for the truth, establishing justice. The conducted study will contribute to the development of measures to prevent the prosecutors from abusing the rights granted to them. [ABSTRACT FROM AUTHOR]

The issue of media trial has been in news recently in India. Few incidents have highlighted the concerns that how the media can play a crucial role in shaping the public opinion about the criminal justice system. Media plays a crucial role of striking a balance between the competing claims with respect to protection of human rights and interests relating to providing and obtaining the information to the masses. This paper deals with the role of media while a criminal case is under progress. In this paper an effort is made to analyze what are rights of media with respect to the reporting of a criminal case? What are the rights of persons involved in the criminal justice systems? How the rights of media and the rights of such persons cross paths? The paper also makes an endeavor to identify the role of judiciary in keeping a check on the media reporting of criminal cases and materials around. [ABSTRACT FROM AUTHOR]

This paper is an attempt to empirically prove-- in the light of previous researches-- that Rehabilitative Prisons' setting is highly desired in Pakistan to meet its legal and theoretical objectives. More specifically, the Risk-Need-Responsivity model is advocated to be the best one in terms of handling the multifaceted issues deeply-rooted in Pakistan's Criminal Justice System generally and in the Prison Regime particularly. The paper has analyzed the secondary data derived from books, journals, International reports, and research thesis revolving around the Criminal Justice System, specifically Prison Management in the world as well in Pakistan. The policy makers may therefore, try RNR Model to address the challenges in the way of rehabilitative prison regime in Pakistan in order to bring Pakistan's prisons' in line with the theoretical and legal goals--custody, control, care, correction, cure, community readjustment--and to ultimately fit back the offenders into society as a contributing and law abiding human resource. [ABSTRACT FROM AUTHOR]

Copyright of Revista d'Estudis Autonòmics i Federals is the property of Revista d'Estudis Autonomics i Federals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)